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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have been in our rented accommodation for over four years.

Customer Question

We have been in our rented accommodation for over four years. This is on the stander 6 monthly tenancy agreement. The house owner had on a number of occasions asked us how long we intended to stay. We informed him we had no intention of moving. He said “you can stay as long as you like”
We have now been informed that we have to leave the property by November the 18th We have requested an extensions of the notice given as we have an infant and a four year old child. Refused. Is they anyway I could obtain an extension from the courts.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Have you ever signed a new tenancy please?
Customer- :

No it was rolled over

Alex Watts : Has he served a notice on you if so what type and when please? Note I am just travelling back from court so there may be a delay in my reply.
Customer- :

Not yet. His Agent Bulmers Letting called to inform us verbally before serving the notice

Customer- :

Please excuse the delay. My daughters are very demanding

Alex Watts : I understand. The Landlord should have protected your deposit, if not then he can not take any steps to evict you. If the landlord JA protected the deposit and you are on a periodc tenancy now then he is entitled to service notice that you leave. He needs to give you a minimum of 2 months notice before your rent is due.
Alex Watts : For example if you pay on 20th of the month and he serves notice today then it will take effect from 20th Septembet and 2 months would count from then. If he served it on 21st September it would take effect from 20th Oct and it would be 2 months from then.
Alex Watts : Sadly whilst you could drag out proceedings you would be delaying the inevitable. I am sorry that I know this will not be the answer you want and certainly not the one I want to give you, but I do have a duty to be honest.
Alex Watts : Can I clarify anything about this for you today please? Alex
Alex Watts : Alex Watts says:2:12 PMThe judge has very limited grounds in not granting possession and the only real test will be has notice been served. The judge will have to make a possession order if so but this would only gain you around another month at the very most.2:13 PMSadly whilst you could drag out proceedings you would be delaying the inevitable. I am sorry that I know this will not be the answer you want and certainly not the one I want to give you, but I do have a duty to be honest.2:13 PMCan I clarify anything about this for you today please? Alex
Customer- :

The notice is in the post and the deposit is protected all I require is a longer notice period then two months. Is this possible

Customer :

Thank you

Alex Watts : Yes, sadly all you can do is drag this out for a month or two by not leaving then you run the risk of racking up court costs.
Expert:  Ash replied 3 years ago.
If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex